Anthony M. Salerno

Attorney At Law

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Anthony M. Salerno

Attorney At Law

Penalties for Massachusetts DUI

Massachusetts motorists who receive a conviction for driving under the influence are subject to significant legal penalties. A law enforcement officer can make a DUI arrest if you have a measured blood alcohol content above 0.08%. Drivers younger than 21 can receive a DUI with BAC higher than 0.02%.

If you are facing a DUI charge, learn about the state’s consequences for this type of offense.

Minimum DUI penalties

If you have no previous history of DUI, penalties for the initial offense may include:

  • License revocation for one year
  • Fines between $500 and $5,000
  • Up to 2.5 years in jail

After the first DUI, another conviction carries a mandatory minimum jail sentence of 30 days. For the second conviction, you could also receive license revocation for two years and fines between $600 and $10,000.

Those who commit a third DUI offense will serve at least 150 days and up to five years in jail. A third conviction will also result in an eight-year license revocation and fines of $1,000 to $15,000.

Aggravated offenses

Refusing to take a breath test at the scene of a DUI arrest carries a 180-day driver’s license suspension for the first offense, three years for the second offense and five years for a third offense. These suspensions run consecutively with revocation for a DUI conviction. Drivers younger than 21 will receive a three-year suspension for a first refusal.

If you receive a DUI charge while driving with a passenger younger than age 14, you could also receive a charge of child endangerment. In addition to the DUI penalties, this offense carries:

  • License revocation for one year
  • Fines between $1,000 and $5,000
  • At least 90 days and up to 2.5 years in jail

Many drivers qualify for a probationary program in lieu of jail time. You must be on your first or second DUI offense, undergo substance abuse education and complete a rehabilitation program if necessary, along with the other terms of probation.

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